BY SAM ALFAN.
Wajir Governor Mohamed Abdi to remain in office pending hearing and determination of his case challenging high court that annulled his October 8 victory.
This is after the governor filed an appeal against the High court decision this morning through lawyer Tom Macharia.
The governor while speaking at Milamani Law Court said he respect the judgment but he doesn’t agree with it and he has challenged it before the appellate court.
“We respect the court judgement but we dispute it because it was controversial judgements and justice was not delivered”. said the governor.
According to the court of appeal (election petition) rules, 2017, the filing and service of notice of appeal stays the execution of high court judgement.
“The filing and service of a notice of appeal stays the execution of any judgment, decree, order or direction from the high court pending the determination of appeal” state rules 18 (1) of court of appeal election rules 2017.
The rules further says that ” the stay shall cease to apply if no record of appeal is filed within thirty days from the date of the judgment of the high court”.
High Court on Friday ruled that the governor he was not validly elected and cleared to run for the seat.
irregularities re-opened some ballot boxes from polling stations after they had already been sealed.
Court noted that he didn’t have a degree.
Court noted that there was alterations in some forms yet there was no counter signing as required by the law.
Many Voters were assisted in voting thereby compromising the integrity of the process.
Further the courtsaid that many forms were not genuine there were either photocopies with no water marks or print outs and did not explain where the origninals were.
“In totality the court hereby finds that the petitioners have succeeded in convincing the court they the election was not conducted in a free and fair manner” ruled justice Fred Mabeya.
Mabeya further ordered by election to be held in accordance with the electoral laws and the constitution.
Mabeya said the governor failed to turn up in court to dispel claims the he did not have a degree.
He said coming to court for cross examination was a good chance for him to rebut the allegations.
“Accordingly I make a finding that as at 8th August 2017, the Ist respondent-governor Muhammed Abdi Mahamud did not have the academic qualifications to vie for position of governor. He was therefore not legally cleared to vie for that position as he did not satisfy the provisions of section 22(2)of the Election act, “ruled justice Mabeya.
The court also noted that the principles of the secrecy of the ballot was breached and that the record of the election through the prescribed forms 37 a, 37B and 37 C was neither acco8untable nor credible.
